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Transfer Provisions of BITs in Times of Financial Crises

Authors: Anna De Luca;

Transfer Provisions of BITs in Times of Financial Crises

Abstract

This article discusses the provisions on investment-related transfers, which are routinely included in International Investment Agreements (IIAs) and Bilateral Investment Treaties (BITs). Under these transfer provisions the right of investors to transfer funds related to covered investments is apparently not subject to any explicit limitation. The article discusses the problems connected with the absence in many BITs of explicit derogations to the permitted transfers, and temporary exceptions to such transfers in case of balance of payments or macroeconomic difficulties. After having analysed the scarce case law on the matter, the article highlights the cautious approach, taken (at least until now) by arbitral tribunals in interpreting transfer provisions. Finally the article illustrates the growing trend in the international treaty practice towards the inclusion of transfer provisions, accompanied with safeguard provisions in case of serious balance-of-payments difficulties and external financial difficulties.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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